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1. The Defendants jointly share KRW 900,000,000 and 5% per annum from April 8, 2015 to July 7, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company engaged in the business of purchasing, selling, managing purchased assets, and asset-backed securitization, and the business of financial investment consulting, etc.; Defendant B is the representative director of Defendant C Co., Ltd. (hereinafter “C”); Defendant A is a person who actually operates Defendant B with the permission of Defendant B as the representative director of Defendant C; and the Defendants are married couple.
B. On August 11, 2014, the Plaintiff entered into an agreement with C to provide funds for investment in futures option trading, provide C with information about futures options to be invested, and invest funds.
C. In accordance with the above Business Partnership Agreement, the Plaintiff and C transferred KRW 300 million from the Plaintiff’s representative director’s account to Defendant B’s account on August 11, 2014, and on August 12, 2014, the following day, the Plaintiff entered into an investment agreement with the purport that the Plaintiff shall invest KRW 300 million in the research proposal, development, business management, etc. of C and the Plaintiff shall pay the Plaintiff 3% per month as investment profits.
9.1. The Plaintiff entered into an investment agreement that invests KRW 100 million in the above content in C, and transferred KRW 100 million in the same manner on the same day to Defendant B’s account. ③ On October 6 of the same year, the Plaintiff entered into an investment agreement that invests KRW 100 million in C with the above content, and transferred KRW 100 million in the same manner as the same day to Defendant B’s account. ④ On December 2 of the same year, the Plaintiff entered into an investment agreement that invests KRW 100 million in C with the above content, and paid KRW 60 million in total to C with the same method as the same day.
In addition, the Plaintiff was requested by Defendant A to provide funds related to the acquisition of start-up business investment companies and the operation of futures, and agreed on February 10, 2015 to lend the interest of KRW 200 million per month and KRW 6 million per month, and the due date of repayment on May 9, 2015. ② Around April 8, 2015, the interest rate of KRW 100 million was 3% per month while lending the interest.